KALURAM BAIRWA Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor appearing on behalf of Respondent No. 1-State.

(2.) This revision petition under Section 397 read with Section 401 Cr.P.C. is directed against the judgment dated 02.11.2012 passed by learned Additional Sessions Judge(Fast Track) No. 5, Jaipur Metropolitan (hereinafter referred to as 'the Appellate Court") in Criminal Appeal No. 87/2012, whereby the appeal of the appellant-petitioner was dismissed, upholding the order dated 19.04.2012 passed by the learned Metropolitan Magistrate, No. 30, Jaipur Metropolitan (hereinafter referred to as 'the Trial Court'), whereby the application/complaint filed by Respondent No. 2/wife, Alka Devi under Section 12 of the Protection of Women from Domestic Violence Act, 2005(hereinafter referred to as 'the Act of 2005') was allowed and the petitioner/husband was directed to make payment of maintenance allowance of Rs. 5,000/- per month to Respondent No. 2/wife and his son and further directed the petitioner for not causing domestic violence to his wife and son.

(3.) Briefly stated the facts of the case are that the petitioner married with Respondent No. 2/wife and out of their wedlock, one child was born. The Respondents No. 2 filed a complaint/application under Section 12 of the Act of 2005 before the Trial Court inter alia averring that after some time of marriage, the petitioner/husband started cruelty to Respondent No. 2/wife and demanding dowry. He kept the gold and silver ornaments of Respondent No. 2 and due to cruelty caused by the petitioner, Respondent No. 2 was compelled to live with her parents. The petitioner/husband has not maintained her and with these averments the Respondent No. 2/wife prayed for maintenance for herself and her son.